Review a Transport Accident Commission or WorkSafe decision for an automated step

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
Extract the decision, the date the client became aware of it, and any stated reasons, and list the Victorian review paths and their dates. Do not decide that an automated model was used, and do not write the review request.
What the lawyer must review
  • Do not treat a decision as automated unless the decision says so.
  • Choose the TAC review path or Workplace Injury Commission conciliation.
  • The tool lists dates. It does not write the review request.
Written for / version
Victoria versionVICNSWQLDUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Victoria: review of a TAC decision, or conciliation of a WorkSafe agent or self-insurer decision

Produce. A dated list of the open review paths, with the awareness date and the last day on each path, for the lawyer to choose.

Have ready. The decision and its date; When the client became aware of it; Whether a lawyer who is an LIV or ALA member is acting; Any reasons already given.

Example of the limit. Illustrative example: The client asks for an informal TAC review at month 11. The tool notes that the informal review does not stop the 12 months, and lists the VCAT date. The lawyer decides whether to protect that date.

Stop and hand it back when

  • The decision does not say whether a model was used, and someone proposes to allege that it was.
  • The request itself would have to be written.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceExtract the decision, the date the client became aware of it, and any stated reasons, and list the Victorian review paths and their dates. Do not decide that an automated model was used, and do not write the review request.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Record the decision, the date of the decision, and the date the client became aware of it. An informal TAC review does not stop the 12 months from awareness.
  2. For a TAC decision, list informal review (request within 12 months of awareness), a pre-issue review, and VCAT. VCAT is 12 months from awareness, or 3 months from notice of the pre-issue decision, whichever is last.
  3. For a WorkSafe agent or self-insurer decision, record Workplace Injury Commission conciliation within 60 days, and that a late application can be considered if a reason is given.
  4. Do not write the Request for an Informal Review, the dispute application, the VCAT application, or the Application for Conciliation.

Sources

No Victorian statute regulating an insurer's automated decision tool was opened. Do not invent one, and do not decide that a model was used unless the decision says so.

The TAC policy, last updated 24 August 2026, cites Transport Accident Act 1986 section 77 for the VCAT time. That section was not opened. The lawyer confirms section 77. Represented clients whose lawyer is an LIV or ALA member may not issue at VCAT unless a pre-issue review is complete, unless both the client and the TAC consent in writing.

TAC must commence a pre-issue review within 28 days of a standard and complete dispute application, by acknowledging it. If it does not, the policy treats the original decision as affirmed and the client may issue at VCAT.

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